MINNETONKA PLANNING COMMISSION September 6, 2018 Brief Description Resolution approving an aggregate side yard setback variance for a garage and living space addition at 4660 Caribou Drive. Recommendation Adopt the resolution approving the request Background The subject property is located in the DEERWOOD HILLS SECOND ADDITION subdivision. Platted in 1955, prior to adoption of the city s first subdivision ordinance, the lot is nonconforming in size and configuration. The existing home was constructed in 1963 and meets current setback requirements. Proposal The property owners, Juli and Sean McGuire, are proposing to remove the existing garage and construct a new garage and living space addition. The addition requires an aggregate side yard setback variance. Required Existing Proposed* Front Yard Setback 35 ft 42 ft 42 ft Aggregate Side Yard Setback 30 ft 33 ft 27 ft* Minimum Side Yard Setback 10 ft 16 ft 10 ft Rear Yard Setback 30 ft 70 ft 64 ft Staff Analysis *variance required Staff finds that the applicants proposal is reasonable and meets the expansion permit standards as outlined in city code. 1. The proposed addition would meet the minimum 10-foot side yard setback of the south property line. 2. Though the property is just 15,000 square feet in size, it is not considered a small lot by city code definition. Were it a defined small lot no aggregate side yard setback requirement would be applied and the proposal could be administratively approved. 3. The proposed two-story addition may have a visual impact on the predominately ramblerstyle neighborhood. However, the requested setback variance itself would not impact the residential character of the neighborhood.
Meeting of September 6, 2018 Page 2 Subject: Maguire Residence, 4660 Caribou Drive Staff Recommendation Adopt the resolution approving an aggregate side yard setback variance for a garage and living space addition at 4660 Caribou Drive. Originator: Susan Thomas, AICP, Assistant City Planner Through: Loren Gordon, AICP, City Planner
Meeting of September 6, 2018 Page 3 Subject: Maguire Residence, 4660 Caribou Drive Supporting Information Surrounding North: single-family homes, zoned R-1 Land Uses South: single-family homes, zoned R-1 East: single-family homes, zoned R-1 West: single-family homes, zoned R-1 Planning Small Lots Guide Plan designation: Low-density residential Zoning: R-1 Small lots qualify for reduced structural setbacks. By city code, a small lot is one that: Is less than 15,000 square feet; Was a lot of record as of February 12, 1966; and Is located in an area in which the average size of all residential lots within 400 feet is less than 15,000 square feet. The subject property is not code-defined small lot, as: It is just over 9,000 square feet in size, was platted in 1927, and The average lot size within 400 feet of the subject property is 17,500 square feet. McMansion Policy The McMansion Policy is a tool the city can be utilized to ensure new homes or additions requiring variances are consistent with the character of the existing homes within the neighborhood. By policy, the floor area ratio (FAR) of the subject property cannot be greater than the largest FAR of properties within 1,000 feet on the same street, and a distance of 400 feet from the subject property. The proposed home would have an FAR of 0.25, well under the highest area FAR of 0.37. Variance Standard Natural Resources A variance may be granted from the requirements of the zoning ordinance when: (1) it is in harmony with the general purposes and intent of the ordinance; (2) it is consistent with the comprehensive plan; and (3) when an applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean that the applicant proposes to use a property in a reasonable manner not permitted by the ordinance, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and, the variance if granted, would not alter the essential character of the locality. (City Code 300.07) Best management practices must be followed during the course of site preparation and construction activities. This would include installation and maintenance erosion control and tree protection fencing.
Meeting of September 6, 2018 Page 4 Subject: Maguire Residence, 4660 Caribou Drive Neighborhood Comments The city sent notices to 49 area property owners and received no comments to date. Pyramid of Discretion This proposal Motion Options The planning commission has three options: Deadline for Decision December 9, 2018 1. Concur with the staff recommendation. In this case a motion should be made to adopt the resolution approving the request. 2. Disagree with staff s recommendation. In this case, a motion should be made denying the request. This motion must include a statement as to why the request is denied. 3. Table the request. In this case, a motion should be made to table the item. The motion should include a statement as to why the request is being tabled with direction to staff, the applicant, or both.
4 INTERSTATE INTERSTATE 49 DR OD WO GAY Subject Property 494 COVENT RY RD E CARIBOU DR CARIBOU SPUR Location Map Project: McGuire Residence Address: 4660 Caribou Dr ± This map is for illustrative purposes only.
LEGAL DESCRIPTION: Lot 5, Block, DEERWOOD HILLS SECOND ADDITION, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. 5. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. STANDARD SYMBOLS & CONVENTIONS: " " Denotes iron survey marker, set, unless otherwise noted. Caribou Drive LEGEND JUNE 25, 2018 0 20 40 S1 Thomas M. Bloom 17917 Highway 7 # 42379 JUNE 25, 2018 Minnetonka, Minnesota 55345 LICENSE NO. Phone (952) 474-7964 JUNE 25, 2018 Web: www.advsur.com DATE SHEET 1 OF 1
Planning Commission Resolution No. 2018- Resolution approving an aggregate side yard setback variance for a garage and living space addition at 4660 Caribou Drive Be it resolved by the Planning Commission of the City of Minnetonka, Minnesota, as follows: Section 1. Background 1.01 The subject property is located at 4660 Caribou Drive. It is legally described as: Lot 5, Block 1, DEERWOOD HILLS SECOND ADDITION 1.02 Property owners Juli and Sean McGuire are proposing to remove an existing garage and construct a new garage and living space addition on the subject property. The addition requires an aggregate side yard setback variance from 30 feet to 27 feet. Section 2. Standards 2.01 By City Code 300.07 Subd. 1, a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Section 3. FINDINGS 3.01 The proposal meets the variance standard outlined in City Code 300.07 Subd. 1(a): 1. Purpose and Intent of Zoning Ordinance. The intent of the ordinance as it pertains to aggregate side yard setbacks is to generally center a principal structure within the width of a residential lot. The proposed 27 foot setback would meet this intent. 2. Consistency with Comprehensive Plan: The guiding principles in the comprehensive plan provide for maintaining, preserving, and enhancing existing single-family neighborhoods. The requested variance would not negatively impact the existing residential character of the neighborhood and would provide for investment in the property.
Resolution No. 2018- Page 2 3. Practical Difficulties: There are practical difficulties in complying with the ordinance: a) Reasonableness. The proposed addition would meet the minimum 10-foot side yard setback of the south property line. In other words, it would not get any closer to the adjacent home that would otherwise be allowed. b) Unique Circumstances. Though the property is just 15,000 square feet in size, it is not considered a small lot by city code definition. Were it a defined small lot no aggregate side yard setback requirement would be applied and the proposal could be administratively approved. c) Character of Locality. The proposed two-story addition may have a visual impact on the predominately rambler-style neighborhood. However, the requested setback variance itself would not impact the residential neighborhood character. Section 4. PLANNING COMMISSION ACTION 4.01 The planning commission hereby approves the setback variance described in Section 1 of this resolution. Approval is based on the findings outlined in Section 3 of this resolution. Approval is subject to the following conditions: 1. Subject to staff approval, the site must be developed and maintained in substantial conformance with the following: Survey and site plan, dated June 25, 2018 Floor plans and building elevations, August 2, 2018 2. Prior to issuance of a building permit: a) A copy of this resolution must be recorded with the county and a copy of the recorded document returned to the city. b) Install erosion control fencing as required by staff for inspection and approval. These items must be maintained throughout the course of construction. Adopted by the Planning Commission of the City of Minnetonka, Minnesota, on September 6, 2018. Brian Kirk, Chairperson Attest:
Resolution No. 2018- Page 3 Kathy Leervig, Deputy City Clerk Action on this resolution: Motion for adoption: Seconded by: Voted in favor of: Voted against: Abstained: Absent: Resolution adopted. I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Planning Commission of the City of Minnetonka, Minnesota, at a duly authorized meeting held on September 6, 2018. Kathy Leervig, Deputy City Clerk